Kentucky Resolution of 1799
RESOLUTIONS IN GENERAL ASSEMBLY
THE representatives of the good people of this commonwealth in general
assembly convened, having maturely considered the answers of sundry
states in the Union, to their resolutions passed at the last session,
respecting certain unconstitutional laws of Congress, commonly called
the alien and sedition laws, would be faithless indeed to themselves,
and to those they represent, were they silently to acquiesce in
principles and doctrines attempted to be maintained in all those
answers, that of Virginia only excepted. To again enter the field of
argument, and attempt more fully or forcibly to expose the
unconstitutionality of those obnoxious laws, would, it is apprehended be
as unnecessary as unavailing.
We cannot however but lament, that in the discussion of those
interesting subjects, by sundry of the legislatures of our sister
states, unfounded suggestions, and uncandid insinuations, derogatory of
the true character and principles of the good people of this
commonwealth, have been substituted in place of fair reasoning and sound
argument. Our opinions of those alarming measures of the general
government, together with our reasons for those opinions, were detailed
with decency and with temper, and submitted to the discussion and
judgment of our fellow citizens throughout the Union. Whether the
decency and temper have been observed in the answers of most of those
states who have denied or attempted to obviate the great truths
contained in those resolutions, we have now only to submit to a candid
world. Faithful to the true principles of the federal union, unconscious
of any designs to disturb the harmony of that Union, and anxious only to
escape the fangs of despotism, the good people of this commonwealth are
regardless of censure or calumniation.
Least however the silence of this commonwealth should be construed into
an acquiescence in the doctrines and principles advanced and attempted
to be maintained by the said answers, or least those of our fellow
citizens throughout the Union, who so widely differ from us on those
important subjects, should be deluded by the expectation, that we shall
be deterred from what we conceive our duty; or shrink from the
principles contained in those resolutions: therefore.
RESOLVED, That this commonwealth considers the federal union, upon the
terms and for the purposes specified in the late compact, as conducive
to the liberty and happiness of the several states: That it does now
unequivocally declare its attachment to the Union, and to that compact,
agreeable to its obvious and real intention, and will be among the last
to seek its dissolution: That if those who administer the general
government be permitted to transgress the limits fixed by that compact,
by a total disregard to the special delegations of power therein
contained, annihilation of the state governments, and the erection upon
their ruins, of a general consolidated government, will be the
inevitable consequence: That the principle and construction contended
for by sundry of the state legislatures, that the general government is
the exclusive judge of the extent of the powers delegated to it, stop
nothing short of despotism; since the discretion of those who administer
the government, and not the constitution, would be the measure of their
powers: That the several states who formed that instrument, being
sovereign and independent, have the unquestionable right to judge of its
infraction; and that a nullification, by those sovereignties, of all
unauthorized acts done under colour of that instrument, is the rightful
remedy: That this commonwealth does upon the most deliberate
reconsideration declare, that the said alien and sedition laws, are in
their opinion, palpable violations of the said constitution; and however
cheerfully it may be disposed to surrender its opinion to a majority of
its sister states in matters of ordinary or doubtful policy; yet, in
momentous regulations like the present, which so vitally wound the best
rights of the citizen, it would consider a silent acquiescence as highly
criminal: That although this commonwealth as a party to the federal
compact; will bow to the laws of the Union, yet it does at the same time
declare, that it will not now, nor ever hereafter, cease to oppose in a
constitutional manner, every attempt from what quarter soever offered,
to violate that compact:
AND FINALLY, in order that no pretexts or arguments may be drawn from a
supposed acquiescence on the part of this commonwealth in the
constitutionality of those laws, and be thereby used as precedents for
similar future violations of federal compact; this commonwealth does now
enter against them, its SOLEMN PROTEST.
Approved December 3rd, 1799.